AD 2021-04-01

[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Rules and Regulations]
[Pages 13814-13816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-05199]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0025; Project Identifier MCAI-2020-01248-R; 
Amendment 39-21422; AD 2021-04-01]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. (Leonardo) Model AB139 and AW139 helicopters. 
This AD requires removing certain forward facing center seats (seats). 
This AD was prompted by a design deficiency that affects seats on 
certain main cabin floor installations. The actions of this AD are 
intended to address an unsafe condition on these products.

DATES: This AD becomes effective March 26, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of March 26, 2021.
    The FAA must receive comments on this AD by April 26, 2021.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0025; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD, the European Union Aviation Safety Agency (EASA) AD, any 
service information that is incorporated by reference, any comments 
received, and other information. The street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.
    For service information identified in this final rule, contact 
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-225074; fax +39-0331-229046; or at <a href="https://www.leonardocompany.com/en/home">https://www.leonardocompany.com/en/home</a>. You may view the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is 
also available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2021-0025.

FOR FURTHER INFORMATION CONTACT: John Miller, Aviation Safety Engineer, 
Certification Section, Fort Worth ACO Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone 817-222-5140; email 
<a href="/cdn-cgi/l/email-protection#e08a8f888ece8dce8d898c8c8592a0868181ce878f96"><span class="__cf_email__" data-cfemail="ef85808781c182c1828683838a9daf898e8ec1888099">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include the docket number FAA-2021-0025 and Project 
Identifier MCAI-2020-01248-R at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and

[[Page 13815]]

that is relevant or responsive to this AD, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this AD. Submissions containing 
CBI should be sent to John Miller, Aviation Safety Engineer, 
Certification Section, Fort Worth ACO Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone 817-222-5140; email 
<a href="/cdn-cgi/l/email-protection#fc96939492d291d291959090998ebc9a9d9dd29b938a"><span class="__cf_email__" data-cfemail="e78d888f89c98ac98a8e8b8b8295a7818686c9808891">[email&#160;protected]</span></a>. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued AD No. 2020-0191, dated September 4, 2020 
(EASA AD 2020-0191), to correct an unsafe condition for Leonardo Model 
AB139 and AW139 helicopters, serial number (S/N) 31400 to 31882 
inclusive, and S/N 41300 to 41570 inclusive, if a passenger cabin floor 
is installed, composed of 3 panels, and with the first row central 
seat(s) facing forward. EASA advises that a design deficiency has been 
identified that affects some specific main cabin floor panel 
installations. EASA further advises that this condition, if not 
corrected, could, in the case of an emergency landing, lead to failure 
of the affected seats, possibly resulting in injury to helicopter 
occupants. Accordingly, EASA AD 2020-0191 requires removing the 
affected seats as identified by configuration in Leonardo Alert Service 
Bulletin No. 139-633, Rev. A, dated September 2, 2020 (ASB 139-633). 
The EASA AD also provides an alternative to the seat removal for 
configurations which require the removal of 2 seats, which consists of 
modifying the helicopter to a different approved seating configuration. 
EASA states its AD is considered an interim action and further AD 
action may follow.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all information provided by EASA and determining the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of these same type designs.

Related Service Information Under 1 CFR Part 51

    Leonardo has issued ASB 139-633, which specifies removing the seats 
of all the affected cabin configurations.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

AD Requirements

    This AD requires removing each seat within 50 hours time-in-service 
(TIS).

Interim Action

    The FAA considers this AD to be an interim action. The design 
approval holder is currently developing a modification that will 
address the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, the FAA might 
consider additional rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 61 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    Removing each affected seat takes about 1 work-hour for an 
estimated cost of $85 per seat and up to $10,370 for the U.S. fleet. 
There would be no parts costs.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) 
authorizes agencies to dispense with notice and comment procedures for 
rules when the agency, for ``good cause'' finds that those procedures 
are ``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without seeking comment prior to the rulemaking.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because removing each seat is required within 50 hours TIS, which is a 
short compliance time for these high usage helicopters, some of which 
could reach these hours within 45 calendar days. Therefore, notice and 
opportunity for prior public comment are impracticable and contrary to 
public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
reasons stated above, the FAA finds that good cause exists pursuant to 
5 U.S.C. 553(d) for making this amendment effective in less than 30 
days.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866, and
    2. Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 13816]]

the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-04-01 Leonardo S.p.a.: Amendment 39-21422; Docket No. FAA-2021-
0025; Project Identifier MCAI-2020-01248-R.

(a) Applicability

    This Airworthiness Directive (AD) applies to Leonardo S.p.a. 
(Leonardo) Model AB139 and AW139 helicopters, serial number (S/N) 
31400 through 31882 inclusive, and S/N 41300 through 41570 
inclusive, certificated in any category, with one or two forward 
facing first row center seat/seats (seat) and a cabin floor composed 
of 3 panels, and identified by configuration in Figures 1 through 13 
of Leonardo Alert Service Bulletin No. 139-633, Rev. A, dated 
September 2, 2020 (ASB 139-633) installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a design deficiency, 
which if not corrected, could lead to failure of the seat during an 
emergency landing and subsequent injury to a helicopter occupant.

(c) Affected ADs

    None.

(d) Effective Date

    This AD becomes effective March 26, 2021.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Action

    Remove each seat within 50 hours time-in-service.

(g) Special Flight Permits

    A special flight permit may be permitted provided that there is 
no passenger in the seat.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, FAA, may 
approve AMOCs for this AD. Send your proposal to: Manager, Strategic 
Policy Rotorcraft Section, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone 817-222-5110; email <a href="/cdn-cgi/l/email-protection#7e47533f2d2953382a29533f33313d532c1b0f0b1b0d0a0d3e181f1f50191108"><span class="__cf_email__" data-cfemail="596074180a0e741f0d0e741814161a740b3c282c3c2a2d2a193f3838773e362f">[email&#160;protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, the FAA suggests 
that you notify your principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district office 
or certificate holding district office, before operating any 
aircraft complying with this AD through an AMOC.

(i) Additional Information

    The subject of this AD is addressed in European Union Aviation 
Safety Agency (EASA) AD No. 2020-0191, dated September 4, 2020. You 
may view the EASA AD on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
by searching for and locating it in Docket No. FAA-2021-0025.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 2500 Cabin 
Equipment/Furnishings.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Alert Service Bulletin No. 139-633, Rev. A, dated 
September 2, 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-225074; fax +39-0331-229046; or at <a href="https://www.leonardocompany.com/en/home">https://www.leonardocompany.com/en/home</a>.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call 817-222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#224447465047450c4e4745434e624c4350430c454d54"><span class="__cf_email__" data-cfemail="76101312041311581a1311171a361817041758111900">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on February 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-05199 Filed 3-9-21; 2:00 pm]
BILLING CODE 4910-13-P